Section 192 of the Income Tax Act

Income-tax Act, 2025: s.402

Section 192 of the Income-tax Act, 1961 corresponds to section 402 (Interpretation) of the Income-tax Act, 2025.

Read section 402 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 192 is 254 ITR 121 (Guj) ITO v. Gujarat Narmada Valley Fertilizers Co. Ltd. (243 ITR 435), cited in 173 of the 853 judgments on BharatTax that turn on this section.

Leading authorities on Section 192

254 ITR 121 (Guj) ITO v. Gujarat Narmada Valley Fertilizers Co. Ltd.
243 ITR 435 · 2000 · High Court
173
citing judgments
247 ITR 305 (Guj) CIT v. Nestle India Ltd.
140 ITR 832 · 1983 · High Court
172
citing judgments

An employer is not in default under section 201 if they have made a bona fide estimate of employee income and deducted tax at source based on that estimate.

CIT vs. Nicholas Piramal India Ltd (2008) 299 ITR 0356 (BOMBAY); CIT v. Semiconductor Complex Ltd.
282 ITR 263 · 2006 · High Court
159
citing judgments

An employer making a bona fide estimate of taxable salary income is acting in accordance with established legal precedent.

CIT v. ITI Ltd.
313 ITR 1 · 2009 · Supreme Court
142
citing judgments

An employer is not statutorily obligated to collect evidence from employees regarding the actual utilization of amounts paid towards leave travel concession or conveyance allowance, unless specific requirements are mandated by law or a CBDT circular.

Science Corp. India (P) Ltd. v. DCIT
163 Taxmann.com 693 · Reported
56
citing judgments

An order dismissing all grounds of appeal based on a single issue, in violation of Section 250(6), is an unlawful adjudication and renders the order irregular, making it a fit case for remand.

Kiran Singh & Ors. v. Chaman Paswan & Ors.
1 SCR 117 · 1955 · Supreme Court
55
citing judgments

A decree or proceeding initiated by an authority without jurisdiction is a nullity, void ab initio, and its invalidity can be raised at any stage, including in collateral proceedings or for the first time on appeal, as a defect of jurisdiction cannot be cured even by consent.

Mineral Development Corporation Ltd. v. ITAT
314 ITR 14 · High Court
55
citing judgments

An appellate authority cannot travel beyond the provisions of law when adjudicating matters, as doing so is barred by jurisdiction and renders the action otiose.

DIT v. Abbey Business Services Private Limited
122 Taxmann.com 174 · 2020 · High Court
46
citing judgments

Expenses incurred and reimbursed for seconded employees under a secondment agreement are not liable to tax deduction at source and do not constitute 'fees for technical services'. The secondment agreement itself forms an independent arrangement for securing services.

Sunil v. Motiani v. ITO (International Taxation)
33 Taxmann.com 252 · 2013 · ITAT
39
citing judgments

The applicability of a tax treaty can determine the levy of surcharge on income. When a tax treaty is decided in favour of the assessee, related grounds of appeal concerning surcharge may not require separate adjudication.

1. CIT v. Appollo Hospitals Int Ltd.
375 ITR 49 · 2015 · High Court
35
citing judgments

Retainer doctors engaged by a hospital fall under the purview of Section 194J of the Income Tax Act, requiring TDS, and not Section 192 which applies to salaries.

Judgments on Section 192

ITO, Faridabad vs. M/S Mitsubishi Heavy Industries Ltd., Faridabad

In the result, the appeal filed by the Revenue is dismissed

ITA 2915/DEL/2011[2009-10 (F.Y. 2008-09)]Status: DisposedITAT Delhi30 Oct 2015

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastavaassessment Year: 2009-10 Income Tax Officer, Vs. Mitsubishi Heavy Industries Ltd., Tds Ward, Faridabad 12/4, Mathura Road, Faridabad (Pan: Aaacm1432F) (Appellant) (Respondent) Appellant By : Sh. P. Dam Kanunjna, Sr. Dr Respondent By : Sh. Deepak Chopra & Ms. Ananya Kapoor, Advocates Date Of Hearing: 08.10.2015 Date Of Pronouncement: 30.10.2015 Order Per Inturi Rama Rao, A.M.: This Appeal Filed By The Revenue Is Directed Against The Order Of Ld. Cit(A), Dated 14.03.2011 Passed For The Assessment Year 2009-10. The Revenue Raised The Following Grounds Of Appeal: I. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Facts & Law In Deleting The Penalty As Tax Deductor Continued Deducting The Tax, But Failed To Deposit The Same Into The Central Govt. Account Within The Stipulated Time. Ii. On The Facts & In The Circumstances Of The Case, The Finding Of Ld. Cit(A) Deleting The Penalty On The Ground That The Tax Deductor Was Ignorant Of Indian Tax Laws Is Not Correct As It Took The Tax Deductor More Than One Year To Understand & Comply With The Indian Tax Laws. Iii. That The Appellant Craves For The Permission To Add, Delete Or Amend The Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal. 2. The Brief Facts Of The Case Are As Follows:

For Appellant: Sh. P. DAM Kanunjna, Sr. DRFor Respondent: Sh. Deepak Chopra & Ms. Ananya Kapoor, Advocates
Section 201